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STATE EX REL. UTILITIES COM'N v. CF INDUSTRIES

No. 7810UC151.

250 S.E.2d 716 (1979)

39 N.C. App. 477

STATE of North Carolina ex rel. UTILITIES COMMISSION, North Carolina Natural Gas Corporation, Applicant, and the Public Staff, Intervenor Appellee, v. CF INDUSTRIES, INC., Intervenor Appellant.

Court of Appeals of North Carolina.

January 16, 1979.

Attorney(s) appearing for the Case

Sanford, Cannon, Adams & McCullough by H. Hugh Stevens, Jr., and Charles C. Meeker, Raleigh, for CF Industries, Inc., appellant.

McCoy, Weaver, Wiggins, Cleveland & Raper by Donald W. McCoy, Fayetteville, for North Carolina Natural Gas Corp., appellee.

HEDRICK, Judge.

By its one assignment of error, CF Industries contends the "Commission erred in its conclusion that the increase in NCNG's gas storage capacity was an increase in the wholesale cost of gas pursuant to G.S. § 62-133(f)."

G.S. § 62-133(f) empowers the Utilities Commission to permit North Carolina utilities to increase their retail rates for natural gas commensurate with increases in the "wholesale cost" of natural gas without going...

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